Thursday, 16 July 2009

Judge dismisses soldier's suit "because he no longer has to go"

A federal judge this morning dismissed the suit filed here by a U.S. Army reservist who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president.

Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook's suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook's suit is moot in that he already has been told he doesn't have to go to Afghanistan, so the relief he is seeking has been granted.

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In Britain the expression is "what a cop out!"

If anyone wanted proof that there are questions over Obama's eligibility this comes very close, even the Army isn't confident enough to test it. Clearly any soldier who doesn't want to go to Afghanistan now knows what to do!

Related: Despite the above, it would appear that the Pentagon have taken revenge against Major Cook for daring to question Obama's eligibility. What nasty, small minded people there are in power these days.


Anonymous said...

Sarah, they are not nasty and small minded, they are instead evil, calculating and vengeful. If ever there was someone lashing out because of their own guilt this is it.

It does make you wonder though doesn't it? How long will it be before the lie is exposed? What I wonder would be the consequences of that exposure? Would it be a catalyst for civil war? Would it be a catalyst for separation of the races so a civil war would be avoided.

What of all the orgasmic joy the world felt when the Black Jesus was elected? Will they turn on America? What of the muslim world? Will they be vindicated for their hatred of America and all things white? What would happen? Very, very scary stuff. I almost don't want it to be a lie, not because I'm a coward but because no one will ever be safe again.

There are so many ways this could go, would the American enemies of the current administration ensure that we have another JFK scenario? The mind boggles...

History has a nasty habit of repeating itself, unfortunately it always seems to be to the detriment of the law abiding decent civilized citizens of this world.

Nameless Cynic said...

I'm pretty sure this man is a coward, just another chickenhawk trying to justify his cowardice.

I could be wrong, though. This guy's a Freeper and a conspiracy theorist who just might have cooked this scheme up with Orly Taitz (noted whackjob) months ago.

And if you'd bother to actually read the news accounts, the reason he isn't going has nothing to do with the Army agreeing to his lunatic ravings: he isn't a normal Reservist - he's IMA. They're allowed to back out of orders up until they get on the plane, because they volunteer for them in the first place.

I mean, it's simple. His suit against Obama was dismissed - no grounds. And now he's facing a court martial - check out Articles 88 and 94 of the Uniform Code of Military Justice (UCMJ, to those of us who lived under it). Oh, and by the way, here's how the Military Officer's Association sees it.

So, if you're looking for reality, you'll find it somewhere between chickenhawk and self-promoting conspiracist. The only question is where you'll find it..

Sarah Maid of Albion said...

I am not sure how you feel that where he posts or whether he has "cooked up a scheme" is relevant, I doubt anyone believes that he is doing this for non-political reasons.

What is interesting however is has been the reaction to it, such as the army withdrawing the order. The judge didn't dismiss the case because there were "no grounds" but because the army were no longer ordering that he go to Afghanistan, that is quite different, and rather the point I am making.

Dr.D said...

NC, I think you have it entirely wrong. This man is no coward at all. He had no reason to do what he did for cowardice; as you point out, if he did not want to go, all he had to do was to say so.

No, this man is quite courageous. He has risk much for America. He has stepped up to challenge the great impostor Zero in this action. The US Army has taken the expedient but dishonorable action of dodging the issue. That is what I would have expected of them. It is too bad that Cook was not a Marine instead of Army.

In seeking to punich Mr. Cook by pressuring his civilian employer to fire him, the Army is in violation of the Whistle Blower laws. However, with Holder as AG, they will face no action against them.

It is one more step on the road to civil war. It is coming, we need to be prepared. Every time the government evades this issue, it takes us a step closer. People will not let it slide forever. We are patient, but we are not stupid.

Anonymous said...

Whether or not Obama is a citizen or not is irrelevant. The war in Afganistan was going on years before Obama got into office. This guy joined the Army and became a G.I. (government issue). He signed up to become property of the government so what he thinks is irrelevant to the situation. That may be a cold way to look at the millions of Americans who are vet who fulfulled their patriotic duty, but it is the truth.

On s side note, Obama sucks but he as born to an American woman. If anyone really feels that Obama is still not a citizen then question your own citizenship then. That is of course if your American after all :)

Dr.D said...

@Anonymous 21:36
You seem to have miss read Cook's whole argument. He said that he, and any officer, have a duty to verify that an order is legitimate before obeying it. That makes perfect sense. He did not refuse a legitimate order, but he sought verification of the legitimacy of the order. That is all we have ever ask our soldiers to do.

Your last paragraph regarding citizenship is a complete non sequitur. Ann Dunham was too young at the time of Barry's birth to confer citizenship upon him. Also the matter of WHERE he was born has great bearing on the matter of being a NATIVE born citizen.

Sarah Maid of Albion said...

The are bigger issues at stake, if the allegations are true and that he was born over seas and also if he first applied for education in the USA as a foreign student (don't forget he is also refusing to release his college entry papers)he has, at the very least, knowingly lied to the American people.

Dr.D said...

Sarah, it is very easy to show that he continues to lie to us. All that is necessary is to keep track of what he says from day to day and watch it evolve as he contradicts himself freely.

He is one of the most proficient liars I have ever seen in my whole life, smooth, sincere, and absolutely poker faced. It seems to be, at least in part, a matter of himself believing that he is entitled to make up facts to suit his needs at the moment. He does not believe himself bound by the actual facts. I think this is a part of the narcissistic personality disorder that affects him.

Nameless Cynic said...

I am not sure how you feel that where he posts or whether he has "cooked up a scheme" is relevant,

The fact that he is a Freeper already casts doubt on his mindset. Some of the worst bigots and far-right loons can be found there - if you've ever talked trash about DailyKos, they are the polar opposite of that spectrum - the funhouse mirror-image, if you will. DailyKos makes up the gibbering-liberal end of the spectrum, FreeRepublic gives us the ranting-conservative end.

But that's actually beside the point.

The judge didn't dismiss the case because there were "no grounds" but because the army were no longer ordering that he go to Afghanistan, that is quite different, and rather the point I am making.

No, that's not very different. It's exactly the point.

Cook is no ordinary Reservist: he's an Individual Mobilization Augmentee (IMA). An IMA is not ordered to go anywhere. He volunteers to go, and is allowed to change his mind about going up until he gets on the plane.

As such, he registered this (somewhat ridiculous) complaint, and the Army rescinded his orders. That's how the system works.

Now, since he no longer has to go to Afghanistan, and his suit is based around the argument that he shouldn't go to Afghanistan... well, the point is moot. The courts don't keep arguing once the basic charges have been settled, one way or another.

She's putting a brave face on, but Taitz is probably foaming at the mouth here. She was hoping for a back-door into the birther issue, because all the direct challenges have been thrown out of court. Unfortunately, this door has just been slammed in her face.

I doubt anyone believes that he is doing this for non-political reasons.

That's fairly obvious to anyone of average intelligence.

If nothing else, consider that Cook applied for orders to Afghanistan back in May. Obama was already in office. The "facts" hadn't changed in the intervening period; why is Cook trying to claim this abrupt "crisis of conscience" now? If he was truly worried that Obama's citizenship was such a terrible threat to Cook's safety, he shouldn't have volunteered in the first place.

Nameless Cynic said...

Dr D.

This man is no coward at all.

Correct, which brings us to my second explication of his character. Still dishonorable, but at least his testicles are still attached.

He has risk much for America.

Nonsense. He has risk much to get his name in the paper, and to cause uproar and sow confusion because he disagrees with the President's political position.

The US Army has taken the expedient but dishonorable action of dodging the issue.

Again, nonsense. The system worked exactly the way it was supposed to, despite Cook's (and Taitz') attempt to sidestep the system and make political hay.

It is too bad that Cook was not a Marine instead of Army.

Absolutely right. The Marines would have immediately initiated court-martial proceedings on him.


"Any person subject to this chapter who... with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition..."

("revolt," incidentally, does not always involve rocks, and "disturbance" covers a lot of ground)

More importantly, though:

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

Thanks to his IMA status, he's safe from some of the more esoteric charges such as AWOL (Art 86) or Missing A Movement (Art 87). But he still opened himself up to charges; the Army should have jumped on that.

It is one more step on the road to civil war.

You know, metaphorically, that's a good point. Part of the cause of the American Civil War was people who couldn't stand the idea of blacks being equal, as well. Wander around these here intarnets for a while, and you'll notice that a lot of the Obama opposition is pretty directly racist.

You should be careful who you associate with. You don't want to get tarred (so to speak) with the same brush.

Anonymous said...

Nameless Cynic:

You're certainly entitled to your apparent attachment to a set of uniform rules, regulations, and edicts, etc., but there is something far more important here.


"You should be careful who you associate with. You don't want to get tarred (so to speak) with the same brush."

Which brings me to my 2nd point -- Freedom of association.

Nameless Cynic said...


To be honest, I'm not particularly attached to them. But they make up this thing we call "the rule of law," and I very much support that.

I also pointed out how this entire case is being misrepresented in places like this blog. I felt that was important.

As for Dr D., please don't try to read some esoteric threat into my comment. (It's not like I'm part of the Bush Administration, with their "you are with us, or with the terrorists!" rhetoric, and warnings that Americans "need to watch what they say, watch what they do.")

He's certainly free to associate with all the small-minded bigots he wants to. I just thought I'd point out the company he's keeping, particularly with that "Civil War" remark.

Sarah Maid of Albion said...

I don't think I am misrepresenting the case at all NC, that seems to be your trick. You seem to have entirely missed the point I am making, which is that the army have not acted as they would had they been confident in the facts.

Dr.D said...

NC, it is evident that the comment about the coming civil war has struck a chord with you. You know it is true, and it has nothing at all to do with me.

Opposition to Zero is not based on race at all, but rather on the horrendous things he is doing to America and his continual lying to the American people. Just about every word he said during his political campaign has been proved false. He has seized powers beyond the scope of the imagination of most Americans. We have never seen an American president fire the Chairman of GM, force the re-structuring of the auto industry, the banking industry, etc. in the heavy handed way that Zero has done. The threatened destruction of the heath care industry has many very alarmed. The massive debt in order to pay off his friends is not a pretty sight at all. It has all be Chicago politics in operation on a national scale, and Americans are not happy with that. There is not an ounce of racial consideration in that. Americans don't like dictatorship is the message, and this is going to lead to civil war.